Need opinions on toddler migrating with divorced father

[Talal 0]

Hi,

My friend has an interview scheduled in Egypt on November 25, 2013. He is divorced with a two and a half year old daughter, who is under her mothers legal custody.

Would like people's opinions on whether he needs to bring his daughter to the interview, and if she can migrate with him to the US? Keep in mind that she is still a toddler and in need of her mothers care.

According to Laws in Sudan the mother gets custody of the child till age 7, but if she gets married before the child reaches age 7 the father can claim custody of the child.

I'd appreciate any feedback on this

Thank you in advance,

[canadian_wife 1,822]

If the child is under the mother's custody, how can the child migrate to the US?

good luck

[Talal 0]

The child is a beneficiary on the application, and my friend (petitioner) put his daughters name on the application that she will follow him later.

DS-230 Visa application

31b. Person(s) named in 14 and 29 who will follow you to the United States at a later date.

[Boiler 45,549]

But the Mother says no, is that correct?

[Talal 0]

That discussion is yet to happen. But I guess If she says no, then my my friend will have to wait until his daughter becomes 7 to bring her to the US.

[NigeriaorBust 4,087]

With a minor child with 2 present biological parents the child will NEVER be allowed to immigrant if the parents are not in agreement about the child immigrating. Without a signed document from the mother giving permission a visa would not be issued. Forged documents would lead to changes of kidnapping and a lifetime ban . Even once the child is 7 you will still need permission of the mother unless the mother has had her rights to the child totally terminated.

[Talal 0]

With a minor child with 2 present biological parents the child will NEVER be allowed to immigrant if the parents are not in agreement about the child immigrating. Without a signed document from the mother giving permission a visa would not be issued. Forged documents would lead to changes of kidnapping and a lifetime ban . Even once the child is 7 you will still need permission of the mother unless the mother has had her rights to the child totally terminated.

Thank you for the feedback. I agree with you on all points, but like I said this step is still not crucial because my friend doesn't intend to bring his daughter to the US with him, she will follow him at a later time once he sorts the legal situation with his divorcee.

I would like to know if you guy's think the daughter's presence at the time of this interview is necessary or not?

[SusieQQQ 11,586]

Thank you for the feedback. I agree with you on all points, but like I said this step is still not crucial because my friend doesn't intend to bring his daughter to the US with him, she will follow him at a later time once he sorts the legal situation with his divorcee.

I would like to know if you guy's think the daughter's presence at the time of this interview is necessary or not?

If he's not planning on getting her a visa now, no she doesn't need to be there.

[Asia 2,498]

And his daughter won't be able to immigrate via DV, since her visa will be void after 6 months.

Tho if he put her in DS-230 he would have to pay fee for her, I think. Tho I'm not sure, so it'll be great if it gets corrected.

[SusieQQQ 11,586]

And his daughter won't be able to immigrate via DV, since her visa will be void after 6 months.

Tho if he put her in DS-230 he would have to pay fee for her, I think. Tho I'm not sure, so it'll be great if it gets corrected.

No need to pay the fee if she's not being interviewed. And yes she won't be able to immigrate on DV, but as long as she's a minor child it should be pretty easy for him to get her a green card down the line as far as I understand?

[Talal 0]

No need to pay the fee if she's not being interviewed. And yes she won't be able to immigrate on DV, but as long as she's a minor child it should be pretty easy for him to get her a green card down the line as far as I understand?

So she doesn't need to attend the interview? He is not in good terms with his ex, and most probably she won't allow the travel of their daughter to attend this interview - he is worried that if he doesn't bring his daughter to the interview, the officers might reject his DV visa application, is that possible?

[Boiler 45,549]

Correct

[Talal 0]

Correct

Thanks.